Oklahoma 2025 2025 Regular Session

Oklahoma Senate Bill SB871 Comm Sub / Bill

Filed 02/20/2025

                     
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
SENATE BILL 871 	By: Reinhardt 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to crimes and punishment; amending 21 
O.S. 2021, Section 13.1, as amended by Section 1 , 
Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024, Section 
13.1), which relates to required service of minimum 
percentage of sentence; modifying statutory 
references to certain criminal offenses; modifying 
name of certain unlawful act; adding certain crim inal 
offense; amending 21 O.S. 2021, Section 540A, which 
relates to eluding peace officers; modifying certai n 
penalty provisions; updating statutory language; and 
providing an effective date. 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     21 O.S. 2021, Section 13.1, as 
amended by Section 1, Chapter 151, O.S.L. 2024 (21 O.S. Supp. 2024, 
Section 13.1), is amended to read as follows: 
Section 13.1.  Persons convicted of: 
1.  First degree murder as defined provided for in Section 701.7 
of this title; 
2.  Second degree murder as defined by provided for in Section 
701.8 of this title;   
 
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3.  Manslaughter in the first degree as defined by provided for 
in Section 711 of this title; 
4.  Poisoning with intent to kill as defined by provided for in 
Section 651 of this title; 
5.  Shooting with intent to kill, use of a vehicle to facilitate 
use of a firearm, crossbow or other weapon, assault, battery, or 
assault and battery with a deadly weapon or by other mea ns likely to 
produce death or great bodily harm, as provided for in Section 652 
of this title; 
6.  Assault with intent to kill as provided for in Section 653 
of this title; 
7.  Conjoint robbery as defined by provided for in Section 800 
of this title; 
8.  Robbery with a dangerous weapon as defined provided for in 
Section 801 of this title; 
9.  First degree robbery as defined provided for in Section 797 
of this title; 
10.  First degree rape as provided for in Section 1111 , or 1114 
or 1115 of this title; 
11.  First degree arson as defined provided for in Section 1401 
of this title; 
12.  First degree burglary as prov ided for in Section 1436 1431 
of this title;   
 
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13.  Bombing as defined provided for in Section 1767.1 of this 
title; 
14.  Any crime against a child as provided for in Section 843.5 
of this title; 
15.  Forcible sodomy as defined provided for in Section 888 of 
this title; 
16.  Child pornography sexual abuse material or aggravated child 
pornography sexual abuse material as defined provided for in Section 
1021.2, 1021.3, 1024.1, 1024.2 , or 1040.12a of this title; 
17.  Child sex trafficking as defined in Section 1 030 of this 
title; 
18.  Lewd molestation of a child as defined provided for in 
Section 1123 of this title; 
19.  Abuse of a vulnerable adult as defined i n Section 10-103 of 
Title 43A of the Oklahoma Statutes; 
20.  Aggravated trafficking as provided for in subsection C of 
Section 2-415 of Title 63 of the Oklahoma Statutes; 
21.  Aggravated assault and battery as provided for in Section 
646 of this title upon any person defending another person from 
assault and battery; or 
22.  Human trafficking as provided for defined in Section 748 of 
this title; or   
 
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23.  Causing an accident , while eluding or attempting to elude 
an officer, that results in great bodily injury to any other person 
as provided for in Section 540A of this title , 
shall be required to serve not less than eighty -five percent (85%) 
of any sentence of imprisonment imposed by the judicial system prior 
to becoming eligible for consideration for parol e.  Persons 
convicted of these offenses shall not be eligible for earned credits 
or any other type of credit s which have the effect of reducing the 
length of the sentence to less than eighty -five percent (85%) of the 
sentence imposed. 
SECTION 2.     AMENDATORY     21 O.S. 2021, Section 540A, is 
amended to read as follows: 
Section 540A.  A.  Any operator of a motor vehicle who has 
received a visual and audible signal, a red light , and a siren from 
a peace officer driving a motor vehicle sho wing the same to be an 
official police, sheriff, highway patrol , or state game ranger 
vehicle directing the operator to bring the vehicle to a stop and 
who willfully increases the speed or extinguishes the lights of the 
vehicle in an attempt to elude such peac e officer, or willfully 
attempts in any other manner to elude the peace officer, or who does 
elude such peace officer, is guilty of a misdemeanor.  The peace 
officer, while attempting to stop a violator of this section, may 
communicate a request for th e assistance of other peace officers 
from any office, department , or agency.  Any peace officer within   
 
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this state having knowledge of such request is authorized to render 
such assistance in stopping the violator and may effect an arrest 
under this section upon probable cause.  Violation of this 
subsection shall, upon conviction, constitute a misdemeanor and 
shall be punishable by not more than one (1) year of imprisonment in 
the county jail or, by a fine of not less than One Hundred Dollars 
($100.00) nor more t han Two Thousand Dollars ($2,000.00) , or by both 
such fine and imprisonment.  A second or subsequent vio lation of 
this subsection shall be punishable by not more than one (1) year of 
imprisonment in the county jail or, by a fine of not less than Five 
Hundred Dollars ($500.00) nor more than Five Thousand Dollars 
($5,000.00), or by both such fine and imprisonment. 
B.  Any person who violates the provisions of subsection A of 
this section in such manner as to endanger any other person shall , 
upon conviction, be deemed guilty of a felony punishable by 
imprisonment in the State Penitentiary custody of the Departme nt of 
Corrections for a term of not less than one (1) year nor more than 
five (5) years, or by a fine of not less than One Thousand Dollars 
($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by 
both such fine and imprisonment. 
C.  1.  Any person who causes an accident, while eluding or 
attempting to elude an officer, resulting in great bodily injury to 
any other person while driving or operat ing a motor vehicle within 
this state and who is in violation of the provisions of subsection A   
 
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of this section may be charged with a violation of the provisions of 
this subsection.  Any person who is convicted of a violation of the 
provisions of this subs ection shall be deemed guilty of a felony 
punishable by imprisonment in a state correctional institution the 
custody of the Department of Corrections for not less than one (1) 
year and not five (5) years nor more than five (5) seven (7) years, 
and a fine of not more than Five Thousand Dollars ($5,000.00). 
2.  As used in this subsection, “great bodily injury” means 
bodily injury which creates a substantial risk of death or which 
causes serious, permanent disfigurement or protracted loss or 
impairment of the function of any bodily member or organ. 
SECTION 3.  This act shall become effective November 1, 2025. 
 
60-1-1738 CN 2/20/2025 10:30:54 AM